Legal Question in Credit and Debt Law in Utah

Recourse for garnishment on a satisfied judgment

We had a judgment against us in the state of Utah that was filed as a foreign judgment in Montana by the ex-wife. However, this judgment was satisfied in the eyes of the Utah court, and we pursued the offical ruling of satisfaction and got it nunc pro tunc from the judge in Utah. During this time, she pursued collection and garnishment though an agency and got it. Now we have the satisfation and are wondering about the best way to go about recovering the money garnished. The collection agency has a copy of the satisfation of judgment, and we are wondering what responsibilty the collection agency has to refund the money collected, and what our options are if the collection agency will not honor the satisfaction. We also got an order of judgment against the ex-wife as well for the total amount that was garnished.


Asked on 11/24/04, 2:53 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Recourse for garnishment on a satisfied judgment

This a general response, as the complete facts are not in your question. Generally, a person can only recover one time for a debt. The ex-wife is responsible for refunding the overage. The collection agency may be in violation of the FDCPA for collection of the debt which was already satisfied. Depending on the dates of satisfaction, and the facts the collection agency knew or should have known, you may have a right to sue the collection agency for its violations.

Read more
Answered on 11/24/04, 4:04 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Utah